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SUTIN v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY

54 A.D.3d 616 (2008)

864 N.Y.S.2d 411

MYRA SUTIN, Respondent, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

September 23, 2008.

A triable issue of fact exists as to whether defendant breached its duty to plaintiff to stop the bus at a place from which she could safely disembark and leave the area since the parties offer conflicting accounts regarding the positioning of the bus in relation to the curb when it came to a stop (see Malawer v New York City Tr. Auth., 6 N.Y.3d 800 [2006], affg

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